Cannabis Lifestyle Business Affiliate Terms of Service
Agreement
By signing up to be a Lifestyle Membership Business Affiliate (CLBA), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Furthermore, you are agreeing to market the wholesale services of the Lifestyle Membership Business Affiliate platform with YAFI International, Inc. (YAFI - You Asked For It / CPT @ cptaffilaites.biz) "Affiliate Program" or "Program".
CLBA reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. CLBA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to
CLBA. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the
CLBA. You must ensure that each of the links between your site and the
CLBA properly utilizes such special link formats. Links to the
CLBA placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a
CLBA product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Wholesale Rates/Commissions and Payment
For an
CLBA sale to be eligible to mark-up the wholesale pricing, the
CLBA must register for a Special Link from on the site, email, or other communications,
click here.
Wholesale pricing is calculated based a three-tier pricing plan for $35, $45, and $55. We can only pay commissions on business generated through properly formatted links or correct activation of a new membership tracked by the back-office admin panel.
We reserve the right to disqualify commissions (access to admin panel) earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Identifying Yourself as a Cannabis Lifestyle Membership Affiliate (CLBA)
Without written permission, you may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us, or say you developed our products, say you are part of
CLBA or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Billing and Payment Schedule
As long as you have wholesale access to the admin panel, you'll have the ability to mark up the pricing, for as long as you are combining additional inhouse products from your main business, in order to justify the increase in margin. Furthermore, billing is the sole responsibility of the Affiliate.
Our billing cycle for your activations from the 1st-15th is processed on the 20th each month. Our billing cycle for your activations from the 16th-31st is processed on the 5th of the following month.
Member Definition
Members who access the platform through will be considered the members and responsibility of the
CLBA. Including billing and payments. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
CLBA Responsibilities
You will be solely responsible for the development, operation, maintenance, and marketing of your membership promotions. Including all materials that appear on your site and/or location. For example, you will be solely responsible for:
- The technical operation of your site/admin platform and all related equipment
- Ensuring the display of Special Links on your site or materials does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party)
- The accuracy, truth, and appropriateness of materials posted or printed (including, among other things, all Product-related materials and any information you include within or associate with the Program)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
The Federal Communications Commission has issued rules to ensure consumer protection in regard to commercial SMS messaging; that is the sending of marketing text messages to mobile phones. The Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act are the applicable laws regulating marketing using SMS messaging in the United States of America.
The CAN-SPAM Act defines commercial messages as those that primarily advertise or promote a commercial product or service. This excludes transactional messages – notifications to facilitate a transaction a consumer has already agreed to, for example, messages that provide information about your existing account or warranty information about a product you’ve purchased. Also excluded are non-commercial, informational texts, for example, those by or on behalf of tax-exempt non-profit organizations, those for political purposes, and other non-commercial purposes, such as school closings.
The application of these regulations to commercial SMS messaging are set out in compliance and best practice manuals by industry bodies, namely the CTIA – The Wireless Association and the Mobile Marketing Association (MMA). It is your responsibility to ensure that your SMS messaging program is compliant, and you should make yourself familiar with the relevant industry codes, guidelines and all applicable laws.
Privacy and data protection
Consumers have the right not to receive unsolicited marketing communications via SMS.
Opt-in: Consent to marketing
A consumer has to provide consent before they receive marketing communications via SMS. This consent needs to be in writing (for example, in an email or other formal method). This means that you need to ensure that consumers are informed about what they are to receive before sending them marketing messages. Records of consumer approvals to receive marketing communications must be kept. These records are to include the method, time, date, and location by which a consumer provided their agreement as well as the terms for the receipt of marketing communications to which a consumer agreed to. {NO third party lists}
Opt-out: Removal of consent to marketing
The universally recognized method of opting out from receiving marketing communications via SMS is for a consumer to send STOP to a message they received. You also need to honor an opt-out request via other channels you can be contacted on, for example, via email or telephonically. A STOP confirmation message must be sent to the consumer to confirm the opt-out. This message should include the name of your company and the following words: “You have opted out. You will not receive additional messages”. Records of opt-out communications need to be kept.
Message content
The content of marketing messages must be appropriate to the intended audience and will not be likely to offend, upset or harm, etc, any recipient of the message, whether deliberately or otherwise. In this regard, you must comply with all applicable laws and industry standards that apply to the marketing to children.
Links to Regulations and Industry Guidelines
Disclaimer: The information contained in this note is for general guidance on compliance matters only. While we have made every attempt to ensure that the information contained here has been obtained from reliable sources, YAFI/CPT is not responsible for any errors or omissions, or for the results obtained from the use of this information. It shall be the sole responsibility of Users of YAFI/CPT services to familiarize themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
Non Circumvention
It is expressly agreed that the identities of any individual or entity and any other third parties (including, without limitation, suppliers, customers, financial sources, manufacturers and consultants) discussed and made available by the Disclosing in respect of the Purpose and any
CLBA related business opportunity shall constitute Confidential Information and the Recipient or any Group company or associated entity or individual shall not (without the prior written consent of, or having entered into a commission agreement with, the Disclosing Party = YAFI/CPT):
(a) directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any such third party identified or introduced by the Disclosing Party; or
(b) seek to by-pass, compete, avoid or circumvent the Disclosing Party from any business opportunity that relates to the Purpose by utilizing any Confidential Information or by otherwise exploiting or deriving any benefit from the Confidential Information.
The covenants that any financial gain made by it, or any associated party, from a breach of clause 6.1 shall be held on trust for the benefit of the Disclosing Party and then be transferred to a nominated account of the Disclosing Party, until which time such outstanding amount shall incur interest at the rate of 5% per annum above the standard member rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount from the
CLBA, whether before or after judgment and the
CLBA shall pay the interest together with the overdue amount.
This does not effect the Disclosing Party’s ability to also sue for damages should these covenants be violated in any way.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to
https://cptaffiliates.biz and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
CLBA reserves the right to end their access at any time. Upon program termination,
CLBA will pay any outstanding earnings accrued.
Termination
CLBA, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other
CLBA service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
CLBA reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Program, or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the
CLBA will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of
CLBA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and
CLBA and govern your use of the Service, superseding any prior agreements between you and
CLBA (including, but not limited to, any prior versions of the Terms of Service).
Positive Feedback is Welcomed!